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Planning Commission Packet - 12/12/1978 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. . AGENDA TIGARD PLANNING COMMISSION December 12, 1978 - 7:30 P.M. • Fowler Junior High - Lecture Room • 10865 S.W. Walnut Street - Tigard, Oregon 1 1. Open Meeting (7:30 P.M.) : 2. Roll Call: 3. Approval of Minutes: 4. Planning Commission Communication: 5. Public Hearings (8:00 P.M.) : 5.1 HOUSING PLAN. IMPLEMENTATION: Item #D - Adopt guidelines for the location of low-income housing. Item #E - Adopt regional Housing P 9 g O pportunity Plan as basis for estimating the City's "fair share" of moderate and low-income housing. Item #F1 - Amend Subdivision Ordinance (Chapter 17.28) to reduce pavement width standard for local streets. Item #F2 - Change some utility location requirements with regard to the paved portion of streets. 5.2 ENVIRONMENTAL DESIGN AND OPEN SPACE PLAN IMPLEMENTATION: A. Tree Conservation Ordinance Amending the Subdivision Code (Title 17) , Zoning Code (Title 18) , and. the Building and Construction Code (Title 14) ; B. Sensitive Zones Ordinance Amending the Zoning Code (Title 17) ; C. Runnoff, Erosion, and Sedimentation Control Ordinance Amending the Building and Construction Code (Title 14) ; D. Amendment of the Design Review Ordinance (Chapter 18.59) to Provide Greater Consideration of Topographic Features; E. Amendment of the Nuisances Chapter (7.40) of the City Code Dealing • with Noxious Vegetation; F. Amendment of Chapter 18.57 (Flood Plain District) , the Environmental ' • Constraints Maps Delimiting the 100 year Flood Plain in n n Two Areasp: ?";- ;.;"•nr, G. Implementation of Policy #11 (Sand and Gravel Extraction) ; H. Implementation of Policy #4 (Obstructions in Flood Plain) . o p• • xr s' , , , .. . ,, _ 411•1•111■11•7 t AGENDA TIGARD PLANNING COMMISSION 1 , Decewber 12, 1978 - 7:30 F.M. ! r,. Old Business: 7. New Business: 8. Other Business: 9. Adjournment: • =s r,. f c. ■ r r: r • . _ ? ;, '''.:4.--,3•4-....• 1KUiis ii7 4.4 x b 4t �'i 1 F z� � 7R� ,s a 14 p+ j ,., 1i4`+ • [ 41', 9, ih M[r1 p. '`t 11 !•f r.hY Mir MINUTES ! TIGARD PLANNING COM.MISSI.QN December 12, 1978 - 7:30 P.M. Fowler Junior High School - Lecture Room 10865 S.W. Walnut St. - Tigard, Oregon 1. Call to Order The meeting was called to order at 7:40 P.M. 2. Roll Call: Present: Speaker, Wood, Funk, Helmer, Seeber, Kolleas, Smith & Brian Absent: Tepedino Staff: Svart & Mackenzie 3. Approval of Minutes: The minutes of October 24 & October 31 were approved as submitted. The minutes of Novc..iLuer_ 21, 1978 were approved with the following amendments: 5.2 Conditional Use CU 29-78 (George Edens) E. Commission Discussion & Action: Add - Speaker requested that staff check the city ordinance to see if a live-in manager was an allowed use in an M-4 zone. (Page 2) Page 5, paragraph 5 (Wood moved ) be modified to read " shall be multifamily in keeping with the present relative porportion M1( of such dwellings even greater percentage of households living in apartments." Page 5, Item C, first sentence should read as follows - "Brian f, was against mobile homes as an outright permitted use. " 4. Planning Commission Communication: Svart presented portion of ORS pertaining to LCDC enforcement of statewide planning goals and presented a letter from Fred Cooper regarding the storm water management contract with CH2M Hill. 5. Public Hearings: 5.1 Housing Plan Implementation: Wood suggested hearing Items D & E of 5:1 as one item. A. Staff Report Svart presented Items D & E. Wood asked if acceptance of HOP would require cities to select a particular HOP program if it was authorized to proceed? B. Applicant's Presentation: None C. Public Testimony: None Not ff q MINUTES TIGARD PL NNING COMMISSION December 12, 1978 7:30 P.M. Page 2 D. Staff Recommendation: Approve recommendations in staff reports. E. Commission Discussion & Action: o Speaker thought proposal seemed fine. o Funk did not like the idea of the city relying on federal funds. Wanted to know what strings were attached? o Seeber did not think government 'ought to bait, cities„,int( .fiuiding by allowing them a particular type of funding only if they accepted another as well. o Helmer asked what housing assistance Tigard had to supply? Stated he thought that 1272 units was too high. o Wood questioned the figure of 1272 units. Smith arrived 8:10 P.M. o Helmer wished to know the number of subsidized homes? o Wood stated that one could not use household number and population numbers interchangeably for data purposes. } t o Speaker asked if there was any expense for subsidized housing to the city? is 0 o Helmer stated that the figures were excessive for necessary subsidized housing. o Kolleas thought the proposal was satisfactory. o Smith did not think the City should become independent on federal funding. 1 o Wood spoke on the restrictions of location of low-income housing. Thought only implementation policies A & C should be used. Brian arrived at 8:30 P.M. o Speaker moved for adoption of implementation policies. ; 1. A & C for Item D and the implementation policies of Item E. ;{ o Kolleas seconded. r:1 Motion passed 5-2. Funk & Smith abstained. r' { i MINUTES ( TIGARD PLANNNING COMMISSION December 12, 1978 - 7:30 P.M. !I Page 3 5.1 Housing Plan Implementation: Items Fl & F2 A. Staff Report: Svart presented the staff report. Stated that the fire department said they could live with a 30 foot pavement width. B. Applicant's Presentation: None C. Public Testimony: Bob Bellinger, Ex-fire Fighter, stated that 32 feet was the narrowest width that would be safe. Fred Cooper, stated that 32 feet was a minimum width for safety. D. Staff Recommendations: None ;. E. Commission Discussion & Action: o Smith did not think that the fire department should set the standards for street size. Thought that smaller vehicles could be used on 1: smaller streets o Brian sided with the fire department. Thought vehicle design was standard. Thought the street width should be at a 32 foot minimum. o Funk thought a wider street was appropriate. o Wood agreed generally with Brian and the 32 foot width. o Smith thought that the commission could consider different types of streets not necessarily collectors. Thought that lesser street widths could be used on local and dead end streets. o Speaker asked what the cost estimate for two feet of pavement width was? o Helmer stated the cost was about $2.40 per running foot. Thought that a 30 foot width was acceptable. o Speaker moved for adoption of the implementation recommendations 1-3. o Kolleas seconded. o Wood stated that if adopted, the reduced width standard would be for all local streets. MINUTES TIGARD PLANNING COMMISSION December 5, 1978 - 7:30 P.M. It Page 4 E. Commission Discussion & Action continued: o Smith was for a 30 foot width on dead end and certain other streets not all local streets. o Speaker withdrew motion. o Smith moved for adoption of the implementation recommendation policies 1-2 as written and 3 modified to read: width standard should be changed from 34 feet to 32 feet". o Speaker seconded. Passed unanimously. 5.2 Environmental Design and Open Space Plan: Item A - Tree Conservation Ordinance A. Staff Report: Svart presented the proposal and summarized the draft ordinance. B. Applicant's Presentation: None C. Public Testimony: Fred Cooper, Park Board Chairman, pointed out certain items in the ordinance. D. Staff Recommendations: Approve recommendations in staff reports. E. Commission Discussion & Action: o Brian thought the fees were excessive. o Svart stated a need for a definition of developed and proposed of the following definition: "A parcel which has received a street or any other public improvements to permit residential, commercial and industrial development in accordance with the ordinances." o Smith was for the ordinance in principle, but thought the fees were excessive, Wanted to see 20,000 square feet changed to one acre under "fees" B & C. o Wood thought the City Attorney should see the ordinance prior to adoption. Thought there needed to be a definition of emergency and Section 2 & 8 checked. Questioned Section 3' Items 113? MINUTES TIGARD PLANNING COMMISSION December 12, 1978 - 7:30 P.M. Page 5 E. Commission Discussion & Action continued: o Funk thought the ordinance needed to be clarified. o Wood stated that the Marabet Decision was a good case to refer to. o Smith thought the ordinance was trying to be a bit comprehensive. o Wood stated that there needed to be a clarification of the standards by which the permit would be granted or denied. Needed a review of the fee schedule with a one acre limitation and recommendation of the number of trees cut for a fee. o Smith moved to table the proposal in order to allow staff to provide some additional definitions & clarifications and to have the City Attorney review the ordinance. o Brian seconded. Passed unanimously. o Smith moved to hear the amendments to the subdivision (Title 17) and the Building and Construction Code (Title 14) with the amended Tree Ordinance when the ordinance is brought before the planning commission again. o Brian seconded. Passed unanimously. 5.2 (B) Sensitive Zones Ordinance: A. Staff Report: Svart presented the proposal. B. Applicant's Presentation: None C. Public Testimony: Fred Cooper, Park Board Chairman, explained the definition of a qualified engineer and questioned the fee schedule. In definition of "regulatory flood" the 10% figure was corrected to read 1%. Cooper also thought the ordinance should go to the City Attorney for review. D. Staff Recommendations: None MINUTES TIGARD PLANNING COMMISSION December 12, 1978 - 7:30 P.M. Page 6 E. Commission Discussion & Action; o Brian questioned the fee schedule. 4i o Smith generally supported the ordinance. was an permitted use on a 12% o Wood asked if two units per acre w outright g p erm 1 to 25% grade? o Funk asked for the basis of the 12% grade figure? o Brian moved for the approval of the implementation recommendation policies and recommendation of the ordinance to City Council. o Funk seconded. Passed unanimously. 5.2 (C) Runnoff, Erosion and Sedimentation Control Ordinance: A. Staff Report: Svart presented the proposal. B. Applicant's Presentation: None ' P C. Public Testimony: None D. Staff Recommendations: None E. Commission Discussion & Action: o Speaker asked if the wording was that of the ordinance? o Smith stated that often the vegetative had to be removed in order to survey for the development o Smith suggested to retain Items 2,4,6 & 7 and that the commission not endorse Items 1,3,5 & 8 of the implementation recommendation. o Smith moved to adopt implementation policies 2,4,6 & 7 and modified 1(b) to read: "All construction plans. and specifications shall meet the technical standards and specification in "Practice Standards and Specifications for Erosion and Sediment Control" developed by the Washington County Soil and Water Conservation District, which is on file at City Hall, where appropriate. o Brian seconded. Passed unanimously. r MINUTES TIGARD PLANNING COMMISSION December 12, 1978 - 7:30 P.M.. Page 7 5.2 (D) Amendment of the Design Review Ordinance: A. Staff Report: Svart presented the proposal. B. Applicant's Presentation: : None C. Public Testimony: . None D. Staff Recommendations: Approve recommendation in staff report. E. Commission Discussion & Action.: o Smith moved to recommend the additions as stated in the staff report. o Seeber seconded. Unanimously passed. 5.2 (E) Amendment of the Nuisances Chapter: A. Staff Report: Svart presented the proposal. B. Applicant's Presentation: None C. Public Testimony: Roy Bond stated that dead trees had to be cut down according to the Noxious Vegetation Ordinance, but yet one needed a permit to cut them under the Tree Ordinance. D. Staff Recommendation.: Approve recommendation in staff report. E. Commission Discussion & Action: o Smith did not generally like the Noxious Vegetation Ordinance. Thought there were limits a;i to how much the City could protect people from themselves. o Smith moved to recommend the additional wording of " within 30 feet of a building or street." to the City Code Section 7.40.020 on Noxious Vegetation adding the above after ". . , . .. property." i ' ` MINUTES TIGARD PLANNING COMMISSION December 12, 1978 - 7:30 P.M. Page 8 !y E. Commission Discussion & Action continued: o Kolleas seconded. Passed unanimously. 5.2 (F) Amendment of Chapter 18.57 (Flood Plain District: A. Staff Report: Presented by Svart. B. Applicant's Presentation: None C. Public Testimony: Mary Payne, stated that the high water level in the flood areas was rising due to increased development. Thought that any amendment should raise the 100 year flood plain level, not lower it. D. Staff Recommendations: None E. Commission Discussion & Action: o Funk moved to table both items pending the completion of the Army Corps. study and the CH2M Hill study. o Seeber or Brian seconded? motion fails. o Brian moved to table action on Red Rock Creek flood plain level pending the completion of the two above mentioned studies. o Smith seconded. Passed unanimously. o Brian moved for approval of the flood plain map amendment to Ash Creek. o Kolleas seconded. Motion carries. Funk against. 5.2 (G) Implementation of Policy #11 (Sand & Gravel) : A. Staff Report: Svart presented the proposal. B. Applicant's Presentation: None 1 MINUTES TIGARD PLANNING COMMISSION December 12, 1978 - 7:30 P.M. Page 9 C. Public Testimony: None D. Staff Recommendations: Approve recommendation in staff report. E. Commission Discussion & Action: o Smith moved for acceptance of the staff recommendations as stated. o Kolleas seconded. Passed unanimously. 5.2 (H) Implementation of Policy #4 (Obstructions in Flood Plain) : A. Staff Report: Svart presented the proposal. B. Applicant's Presentation: None C. Public Testimony: • None D. Staff Recommendations: Approve recommendation in staff report E. Commission Discussion & Action: o Brian moved for adoption of the staff recommendations. o Smith seconded. Passed unanimously. 6. Old Business: None 7. New Business: None 8. Other Business: None 9. Adjournment: The meeting was adjourned at 11:15 P.M. • PUBLIC NOTICE ` TIGARD PLANNING CO .SSION December 12, 1978 - 7 : 30 P.M. Fowler. Junior High - Lecture Room 10865 S .W. Walnut St. - Tigard, Oregon • • 5. PUBLIC HEARINGS 5 . 1 HOUSING PLAN IMPLEEMENTATION: Item #D - Adopt guidelines for the location of low-income housing. Item #E - Adopt regional Housing Opportunity Plan as basis for estimating the City's "fair share" of moderate and low-income housing. Item #F1 - Amend Subdivision Ordinance (Chapter 17. 28) to reduce pavement width standard for local streets. Item #F2 - Change some utility location requirements with regard to the paved portion of streets. 5. 2 ENVIRONMENTAL DESIGN AND OPEN SPACE PLAN IMPLEMENTATION: A. Tree Conservation Ordinance Amending the Subdivision Code (Title 17) , Zoning Code (Title 18) , and the Building and Construction Code (Title 14) ; B. Sensitive Zones Ordinance Amending the Zoning Code (Title 17) ; C. Runnoff, Erosion, and Sedimentation Control Ordinance Amending the Building and Construction Code (Title 14) ; D. Amendment of the Design Review Ordinance (Chapter 18.59) to Provide Greater Consideration of Topographic Features; E. Amendment of the Nuisances Chapter (7.40) of the City Code Dealing with Noxious Vegetation; F. Amendment of Chapter 18.57 (Flood Plain District) , the Environmental Contraints Maps Delimiting the 100 year Flood Plain in Two Areas; G. Implementation of Policy #11 (Sand and Gravel Extraction) ; H. Implementation of Policy #4 (Obstructions in Flood Plain) . Note: This hearing may be continued to a date set specific by the Planning Commission. Publish TT 11-29-78 & 12-6-78 • MEMORANDUM To: Planning Commission IL From: Planning Department Subject: Planning Commission Hearing on December 12, 197E Date: December 7, 1978 The Planning Commission Hearing on December 12th is being held to 1) Finish • action on Housing Plan Implementation Items D-F and 2) Implementation of Environmental Design and Open Space Plan At its November 21st Hearing, the Planning Commission was unable to complete action on Items D-F of the Housing Plan Implementation (see #4 under the November 17th staff memorandum) , so these items will be dealt with first on the agenda for Tuesday, December 12th. Please bring your copies of the staff reports for these items. D - Location of Assisted Housing E - Tigard's Fair Share of Low-Income Housing F - Reduction of Pavement Width Standard for Local Streets and Change of Utility Location Requirements The Planning Commission determined at its study session on October 24th to postpone action on implementation of the adopted Environmental Design and Open Space Plan until after the Park Board had reviewed the staff reports and made its own recommendations. The Park Board met on October 31 and November 7, with 4 and 5 members attending each night, respectively, there are now 10 members on the Board (which is therefore short one member) , so the meetings proceeded without a quorum. However, on all the items discussed by those attending there was a basic consensus about desirable modifications of staff proposals. In view of the Planning Commission's desire to hold a hearing on the proposed implementing measures without a study session, the enclosed drafts should be especially reviewed carefully prior to Tuesday, December 12th. They incorporate the suggested revisions of the Park Board to the original staff proposals, except where otherwise indicated. Please bring your copy of the City Code so the proposed revisions can be better understood. • • • �4 k MEMORANDUM To: Planning Commission From: Planning Department Subject: Planning Commission Hearing on December 12, 1978 Date: December 7, 1978 • The Planning Commission Hearing on December 12th is being held to 1) Finish action on Housing Plan Implementation Items D-F and 2) Implementation of Environmental Design and Open Space Plan At its November 21st Hearing, the Planning Commission was unable to complete action on Items D-F of the Housing Plan Implementation (see #4 under the November 17th staff memorandum) , so these items will be den1t with first on the agenda for Tuesday, December 12th. Please bring your copies of the staff reports for these items. D - Location of Assisted Housing E - Tigard's Fair Share of Low-Income Housing F - Reduction of Pavement Width Standard for Local Streets and Change of Utility Location Requirements The Planning Commission determined at its study session on October 24th to postpone action on implementation of the adopted Environmental Design and Open Space Plan unt.i_l after the Park Board had reviewed the staff reports and made its own recommendations. The Park Board met on October 31 and November 7, with 4 and 5 members attending each night, respectively., there are now 10 members on the Board (which is therefore short one member) , so the meetings proceeded without a quorum. However, on all the items discussed by those attending there was a basic consensus about desirable modifications of staff proposals. In view of the Planning Commission's desire to hold a hearing on the proposed implementing measures without a study session, the enclosed drafts should be especially reviewed carefully prior to Tuesday, December 12th. They incorporate the suggested revisions of the Park Board to the original staff proposals, except where otherwise indicated. Please bring your copy of the City Code so the proposed revisions can be better understood.